This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings.The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.

On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet 2018 l'Academie internationale de droit compare a organise son 20eme Congres general a Fukuoka au Japon. Les congres generaux de l'Academie se tiennent tous les quatre ans et abordent dans une perspective comparative une multitude de sujets qui apparaissent particulierement pertinents dans notre societe contemporaine. Ce livre rassemble une selection des contributions generales du 20eme Congres general qui traitent des questions actuelles du droit compare. Il s'agit d'une premiere pour l'Academie. Il est apparu important pour le Bureau de pouvoir avoir acces aux contributions generales offertes pendant le Congres general et qui meritent assurement la meme attention que les rapports generaux.

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and the furore over the Helms-Burton Act. This book analyses the sources of transatlantic disputes, and the means employed to prevent and settle such disputes both bilaterally and through the multilateral dispute settlement mechanism of the of the WTO, and identifies promising areas for reform.

"Europe" is one of the defining issues of our times. Politically, economically, legally, culturally, it is a source of division to some and inspiration for others. This book contains essays written by eminent authors to celebrate the Centenary of the British Academy, the country's leading academic institution for Social Sciences and the Humanities. Their central theme is "Britain's Contribution to the Europe of the Twenty-First Century" and it is approached in an inter-disciplinary way from the different angles of law, politics, economics and the humanities. Contributors: Guido Alpa; Stephen Bann FBA; Vernon Bogdanor CBE, FRSA, FBA; Keith Clark, BCL; Kenneth Dyson FBA, FRHS; David Edward CMG, FRSE; Sir John Elliott, FBA, AAAS; Laurent Fabius; The Rt. Hon. Frank Field MP; Sir Roy Goode QC, CBE, FBA; The Rt. Hon. The Lord Hurd of Westwell, CH, CBE; Giorgio La Malfa; Noelle Lenoir; Nicholas Mann CBE; Basil Markesinis QC, DCL, FBA; Baroness O'Neill of Bengarve, DBE, FBA; The Rt. Hon. The Lord Woolf of Barnes.

If one were to define a lawyer's practice as "comparative law", who would not smile at the naivety expressed by such a confusion of the academic and the "practical"? Yet such a definition comes close to reality for an increasing number of practitioners. As society becomes more global and multicultural, many lawyers find themselves researching and applying principles and rules from several legal traditions. In Europe especially, the gradual convergence of civil law and common law that has been under way for decades is now gaining depth and breadth from aspects of Islamic, Asian and African legal cultures, and we are all the better for it. So it is time to take stock of where the discipline of comparative law stands and where it is going, a task undertaken in the 16 essays in this book. The originals of these papers were delivered at the 2000 W.G. Hart Legal Workshop at the Institute of Legal Studies of the University of London. They may be read here as not merely comparative law studies, but penetrating theses about what comparative law is actually about, or what it is for. The general discussion tends to fall into three major areas: comparative public law, focusing on the growing scrutiny worldwide on constitutionalism, human rights, and administrative accountability; transmigration of legal ideas and institutions, emphasizing the need to look at similarities and differences from an "importation" perspective as well as from the once-exclusive "exportation" perspective; and the European dimension, in which the need for the study of economic and social background and the role of law in the political process has come to the fore.

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.

What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find 'unity in diversity'. The two most influential manifestations of the federal principle emerged under the names of 'dual' and 'cooperative' federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the 'middle ground' between international and national law.
But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the 'constitutionalisation' of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of 'unity in diversity'.

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

The pleading and proof of foreign law are often treated as matters of peripheral importance. But, in reality, how foreign law is established, and whether it must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, and whether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offers a radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating.

In the event that damage is caused as a result of the Year 2000 problem, who will be responsible for compensating the victims of such damage? Should the developers, vendors or licensors of non-compliant software be held liable if their products do not continue to function correctly through the change in the millennium? Should those who provide "fixes" to the Bug which do not work properly be accountable for damage caused? Do end-users have a duty to ensure that their software is Year 2000 compliant? These questions, among others, will not be answered fully until the courts have had an opportunity to rule upon disputes which will no doubt arise. Other matters to be considered include the type of agreement that has been entered into between the parties, which rules will therefore apply and what defences, if any, may be available to the defendant. Insurance is also a big issue. Many insurance companies are stating that damage resulting from the Millennium Bug will not be covered by existing policies, and defences such as force majeure and act of God have been raised. What will happen when these issues come to litigation remains to be seen. This special issue of the "Comparative Law Yearbook of International Business" discusses the legal implications of the Millennium Bug in various countries. It describes the way in which agreements relating to software are viewed by different jurisdictions and the possible attribution of liability for damage caused by the Bug.

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis-declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This text is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of 18 chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions.

This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. It does not aim at commenting on current policy issues. The country reports unearth the culturally, morally and historically imprinted thought patterns across Europe which underpin current discussions on the appropriation of information, and which do not change quickly. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law. The point of departure is the public good character of information, with the focus being on public interests pursued when assigning information as property. The 14 selected cases, based on recent, and in some cases futuristic when the project began in 2001, scenarios, aim to identify how boundaries to information property emerge, the areas of law that are applied and the principles that are followed in order to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as IP and competition law, monetary interests versus personal interests in human genome data, individual freedoms-to-operate versus collective action models as found in basic research or ‘creative commons’. The book shows how some national discussions appear similar on the surface, in terms of resorting to parallel principles, but subsequent domestic policy answers vary greatly. Even legislation which aims at harmonisation may result into more diversity. Inversely, we found legal institutions applied which install contrasting legal rules which however aim at exactly the same behavioural change. The national reports in Part III are complemented by comparative analyses by the editors, whilst the chapters in Part II are dedicated to an analysis of the submissions from a theoretical point of view, departing from the editors’ own research interests. The chapter in Part I describes the overall ‘Common Core’ research method, which splits the national reports into operative, descriptive and metalegal formants. Boundaries of Information Property is aimed at researchers in IP and practitioners interested in the foundational theory of their subject. It is an inspiring read for those interested in the deeper structures of regulating information. With a foreword by Sjef van Erp (em. University of Maastricht) and contributions by Christine Godt (Carl von Ossietzky University of Oldenburg), Geertrui Van Overwalle (University of Leuven), Lucie Guibault (Dalhousie University), Deryck Beyleveld (University of Durham), Mike Adcock (University of Durham), Ramūnas Birštonas (Vilnius University), Maja Bogataj Jan�i� (Intellectual Property Institute, Ljubljana), Konstantinos Christodoulou (University of Athens), Teresa Franquet Sugrañes (University Rovira i Virgili), Pablo Garrido Pérez (University of Barcelona), Christophe Geiger (Luiss Guido Carli University), Silvia Gómez Trinidad (University of Barcelona), Mariona Gual Dalmau (University of Barcelona), Aleksei Kelli (University of Tartu), Tomaž Keresteš (University of Maribor), Maja Lubarda (Lawyer, Ljubljana), Thomas Margoni (University of Leuven), Jan Mates (Attorney-at-Law, Prague), Maureen O’Sullivan (NUI Galway), Andrea Pradi (University of Trento), Martina Repas (University of Maribor), Giorgio Resta (University of Rome 3), Ole-Andreas Rognstad (University of Oslo), Cristina Roy Pérez (University of Barcelona), Jens Schovsbo (University of Copenhagen), Agnes Schreiner (University of Amsterdam), Simone Schroff (Plymouth University), Tobias Schulte in den Bäumen (Hapag-Llyod, Hamburg), Simona Štrancar (University of Maribor), Tomasz Targosz (Jagiellonian University), Elżbieta Traple (Jagiellonian University), and Gabriele Venskaityte (European Commission, Brussels).

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Following the successful publication of his first volume4 of essays intitled FOREIGN LAW AND COMPARATIVE METHODOLOGY professor Markesinis continues his quest for the best way of presenting foreign law to Common law readers. This second volume thus contains essays on methodology: the horizontal application of human rights; the tortious liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by action for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system, as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays, along with their rich bibliographical references, will provide much food for thought to practitioners in these above-mentioned areas of the law as well as teadhers and researchers in the fields of public law, foreign law and legal methodology.

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.